Section 361.71 - Fiscal Management(a) A contractor must establish policies and procedures that describe: (1) an accounting system to ensure that payment is made by DADS to the contractor only if services provided have been rendered;(2) a tracking system that includes receipts and a description of the goods or services provided for all fiscal matters for wards served by the guardianship program;(3) a system to refund monies to DADS or to a ward if needed;(4) compliance with state and federal laws and regulations regarding sound accounting practices for the contractor; and(5) internal and external audits to be performed on a regular basis.(b) A contractor must accept payment from DADS as payment in full for services rendered. The contractor must not duplicate billing or receipt of other funds.(c) A contractor must not seek or accept reimbursement from a DADS ward to whom it provides purchased services.(d) A contractor must not collect: (2) a percentage of the Social Security or Supplemental Security Income check specified in the Omnibus Reconciliation Act of 1990; or(3) payment authorized by the court in accordance with Texas Estates Code, §1155.002 and §1155.003 .(e) A contractor must not use DADS funds or DADS reimbursed staff time to provide guardianship or other services to an individual who has not been referred by DADS.(f) A contractor must provide all legal support necessary for the guardianship services contracted by DADS, including contested applications for guardianship.(g) A contractor must provide DADS staff access to the results of audits performed on DADS wards.26 Tex. Admin. Code § 361.71
The provisions of this §10.319 adopted to be effective September 1, 2006, 31 TexReg 6797; amended by Texas Register, Volume 40, Number 06, February 6, 2015, TexReg 614, eff. 2/9/2015; Entire chapter transferred from T. 40, Pt. 1, Ch. 10 by Texas Register, Volume 47, Number 08, February 25, 2022, TexReg 0985, eff. 3/15/2022